The significance of the appointment
of Justice Amy Coney Barrett
Ultra-conservative Christians are delighted with the appointment of Judge Barrett. When he was appointed to the 7th Federal Court of Appeal in 2017, his Catholic faith was a critical point in his hearings. With its confirmation, not only will the Conservatives have a majority of 6 to 3 judges on the Supreme Court, but they will also have a judge who sits on the far right on the political and legal spectrum.
The highest American court has for a generation become more and more subject to a conservative Catholic movement. In fact, with Judge Barrett's confirmation, Catholic judges represent 5 of the 9 members of the court.
In addition, Judge Gorsuch is also a former Catholic turned Episcopalian.
With 70 million faithful, Catholics make up only 22% of the American population. But they represent at least 55% of the members of the Supreme Court. Worse yet, the proportion of conservative Catholics in the United States has fallen sharply with the influence that the Hispanic population is gaining in the Church. Despite this, the conservative Catholic intellectual current is on the rise in American legal circles.
However, Judge Barrett is part of the most extremist fringe of this conservative Catholic current. She adheres to the charismatic Catholic movement which represents 1.5 million faithful, or less than 2% of the American Catholic population. Even more, she is a member of the most militant group of this movement, the “People of Praise”. This group represents a very small Catholic sect with 1,700 members scattered across 22 cities in the United States, Canada and the Caribbean.
The members of the “People of Praise” are passionate activists, even fanatical Catholics. Like the millions of Christians of the Protestant Pentecostal movement, members of this Catholic sect have "experienced the blessing of baptism in the Holy Spirit and the charismatic gifts described in the New Testament". Among themselves, they are called "brothers" and "sisters". Having made a personal commitment "to a life of love and service to other members of the community", they support each other "financially, materially and spiritually".
During the 2017 hearings for a position on the Court of Appeal, she asserted "that she was a faithful Catholic, but that her religious beliefs would not influence her decisions as a judge". Yet a few months later, she declared that abortion was still an immoral act and, as a result, she voted against the right to abortion as a judge of the Federal Court of Appeal.
Simone Campbell, a Catholic nun from Washington, issues the most scathing rebuke at the appointment of Judge Barrett. From the outset, she said: "I know that Judge Barrett shares my faith, but her words and her past actions prove that she does not consider all life to be sacred." Sister Campbell then adds: "Catholics cannot support judges or politicians who blatantly ignore the scope of Catholic social education on women's rights, the right to vote, immigrant rights, health care. health, environmental protections, and much more. "
She ends by declaring that the American political tradition admits that "everyone has the right to believe, to practice and to worship as they see fit". However, behind this principle is also another fundamental principle, namely that a judge or a politician cannot impose his beliefs on the rest of society. This is called the separation of church and state. It is this latter principle that is questioned with Judge Barrett.
Indeed, in addition to being a fundamentalist believer, she displays a similar dogmatic attitude on the legal level. Whether it was on the issues of abortion, the carrying of firearms, immigration or the right to health care, Judge Barrett did not hesitate to display her Conservative faith.
Although a recent Pew Research Center poll shows that 59% of Christians, 66% of Catholics and 70% of Americans do not want the Supreme Court to overturn the Roe v. Wade, who ensures the right to abortion,
the confirmation of Judge Barrett will ensure the overturning of the 1972 decision.
Since 2017, she has voted three times to restrict the right to abortion. In 2018, she dissented against a decision of the 7 th Court of Appeal declaring unconstitutional Indiana law that prohibits doctors from performing an abortion because of race, gender or disability of the fetus . With its confirmation, all Americans will lose their right to bodily autonomy.
In addition, she posed as an opponent of Obamacare, the law that provides affordable health care coverage for Americans, including people with pre-existing health problems. In 2017, however, she criticized Justice Roberts' vote which allowed the Supreme Court to declare this law constitutional in a 5: 4 vote. She accused Justice Roberts of having erred in law. Therefore,
the Obamacare issue is due to return to the Supreme Court on November 10.
The appointment of Justice Barrett represents a milestone in the history of the Supreme Court. Its confirmation is as important as that of Judge Earl Warren in 1953. It ensures that, for at least a generation, America's highest court will be a conservative stronghold.
In addition to the conservative religious fringe of the Republican Party, conservative organizations such as the Heritage Foundation, the Cato Institute and the Federalist Society are right to gloat. They will be able to continue to legally dismantle the welfare state programs put in place since the New Deal. It remains to be seen how Democrats will react to this drive to bring American society back to the 1920s.
Gilles Vandal is professor emeritus at the School of Applied Politics at the University of Sherbrooke.
In addition, Judge Gorsuch is also a former Catholic turned Episcopalian.
With 70 million faithful, Catholics make up only 22% of the American population. But they represent at least 55% of the members of the Supreme Court. Worse yet, the proportion of conservative Catholics in the United States has fallen sharply with the influence that the Hispanic population is gaining in the Church. Despite this, the conservative Catholic intellectual current is on the rise in American legal circles.
However, Judge Barrett is part of the most extremist fringe of this conservative Catholic current. She adheres to the charismatic Catholic movement which represents 1.5 million faithful, or less than 2% of the American Catholic population. Even more, she is a member of the most militant group of this movement, the “People of Praise”. This group represents a very small Catholic sect with 1,700 members scattered across 22 cities in the United States, Canada and the Caribbean.
The members of the “People of Praise” are passionate activists, even fanatical Catholics. Like the millions of Christians of the Protestant Pentecostal movement, members of this Catholic sect have "experienced the blessing of baptism in the Holy Spirit and the charismatic gifts described in the New Testament". Among themselves, they are called "brothers" and "sisters". Having made a personal commitment "to a life of love and service to other members of the community", they support each other "financially, materially and spiritually".
During the 2017 hearings for a position on the Court of Appeal, she asserted "that she was a faithful Catholic, but that her religious beliefs would not influence her decisions as a judge". Yet a few months later, she declared that abortion was still an immoral act and, as a result, she voted against the right to abortion as a judge of the Federal Court of Appeal.
Simone Campbell, a Catholic nun from Washington, issues the most scathing rebuke at the appointment of Judge Barrett. From the outset, she said: "I know that Judge Barrett shares my faith, but her words and her past actions prove that she does not consider all life to be sacred." Sister Campbell then adds: "Catholics cannot support judges or politicians who blatantly ignore the scope of Catholic social education on women's rights, the right to vote, immigrant rights, health care. health, environmental protections, and much more. "
She ends by declaring that the American political tradition admits that "everyone has the right to believe, to practice and to worship as they see fit". However, behind this principle is also another fundamental principle, namely that a judge or a politician cannot impose his beliefs on the rest of society. This is called the separation of church and state. It is this latter principle that is questioned with Judge Barrett.
Indeed, in addition to being a fundamentalist believer, she displays a similar dogmatic attitude on the legal level. Whether it was on the issues of abortion, the carrying of firearms, immigration or the right to health care, Judge Barrett did not hesitate to display her Conservative faith.
Although a recent Pew Research Center poll shows that 59% of Christians, 66% of Catholics and 70% of Americans do not want the Supreme Court to overturn the Roe v. Wade, who ensures the right to abortion,
the confirmation of Judge Barrett will ensure the overturning of the 1972 decision.
Since 2017, she has voted three times to restrict the right to abortion. In 2018, she dissented against a decision of the 7 th Court of Appeal declaring unconstitutional Indiana law that prohibits doctors from performing an abortion because of race, gender or disability of the fetus . With its confirmation, all Americans will lose their right to bodily autonomy.
In addition, she posed as an opponent of Obamacare, the law that provides affordable health care coverage for Americans, including people with pre-existing health problems. In 2017, however, she criticized Justice Roberts' vote which allowed the Supreme Court to declare this law constitutional in a 5: 4 vote. She accused Justice Roberts of having erred in law. Therefore,
the Obamacare issue is due to return to the Supreme Court on November 10.
The appointment of Justice Barrett represents a milestone in the history of the Supreme Court. Its confirmation is as important as that of Judge Earl Warren in 1953. It ensures that, for at least a generation, America's highest court will be a conservative stronghold.
In addition to the conservative religious fringe of the Republican Party, conservative organizations such as the Heritage Foundation, the Cato Institute and the Federalist Society are right to gloat. They will be able to continue to legally dismantle the welfare state programs put in place since the New Deal. It remains to be seen how Democrats will react to this drive to bring American society back to the 1920s.
Gilles Vandal is professor emeritus at the School of Applied Politics at the University of Sherbrooke.
